Unlocking the Alienation: A Comparative Role for Alien Torts Legislation in Post-colonial Reparations Claims?

This article continues the themes developed in a previous paper looking at reparations for past wrongs in post-colonial Australia. It narrows the focus to examine the scope of the law of tort to provide reparations suffered as a result of colonisation and dispossession, with particular emphasis on the assimilation policies whose legacy is now known emphatically, although it ought not be exclusively, as the Stolen Generations. The search for more than just words is particularly topical in light of the Australian Prime Minister’s formal apology in early 2008. This highly symbolic step must not lose momentum. That momentum could be both political and legal. In the latter context, we explore here the concept of alien tort, in the light of current Australian tort jurisprudence, which has thus far proved inadequate to achieve compensation for the harms suffered. Taking a comparative approach, procedural and substantive developments are to better deliver justice consistent with community values. In particular, the greater acceptance of psychological harm as actionable tortious conduct in Canada and the United States is examined. The article further examines the scope for stolen children to bring suit under the US Alien Tort Claims Act 1789. While the Australian government enjoys sovereign immunity in the courts of the United States, non-state organisations such as churches that were complicit in the forcible removals may be subject to United States jurisdiction wherever they have a presence in that country. The procedural and substantive elements of such a claim are discussed. In particular, the relevant cause of action, the issue of forum non conveniens and the statute of limitations will be analysed to map out whether a claim could be developed and successfully prosecuted.     

Including tourists in crime rate calculations for new casino jurisdictions: What difference does it make?

One way to analyze the effect of tourism on crime is to include the average number of visitors in the denominator used to calculate community crime rates. Modified crime rates were computed for 7 new casino jurisdictions and compared with traditional crime rates based on the resident population. A preand postcasino comparison indicates a minority of Part I crimes increased significantly regardless of which crime rate was used. While a majority of Part II crimes rose significantly when using the traditional crime rate, fewer than half the modified crime rates displayed any gains. It appears that a large concentration of casinos with a concomitant increase in tourism leads to an increase in Part II crimes. This project was supported by Grant No. 98-IJ-CX-0037 awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the authors and do not necessarily represent the official position of the U.S. Department of Justice.     

Sustainable development challenges in a war‐torn country: Perceived danger and psychological well‐being

The laborer's physical and mental health, well‐being, and happiness are among the major indicators for measuring each nation's sustainable development. A conflictive and hostile external environment (war zone) poses considerable difficulty and psychological distress to workers and nonworkers. Therefore, working in such a physically dangerous business environment may hurt worker's well‐being and happiness that in turn may reduce the workers' productivity at the workplace. A high level of laborers' productivity in public and private sectors is essential for achieving sustainable development in the long term. Therefore, this paper examines the effects of perceived danger on employees' psychological well‐being in war‐torn Afghanistan, an issue being addressed for the first time. We tested the moderating role of social support from coworkers on this effect in order to have a broader vision of which individuals are healthier and happier in a physically dangerous working environment. Two survey data sets were collected from 190 employees working in various small private and public businesses in Herat, Afghanistan. Our results reveal the negative impact of perceived danger on employees' psychological well‐being and that employees who receive little or no social support from their peers feel the negative effects of a physically dangerous working condition even more acutely.     

Student-to-Student Abuse in the Indian Residential Schools in Canada: Setting the Stage for Further Understanding

The Indian residential school system in Canada was established to assimilate Aboriginal children into mainstream society by removing the “Indian within them.” In the past 20 years survivors of the schools have come forward with stories of physical and sexual abuse perpetrated against them by staff. However, what is significantly less spoken of is the abuse which occurred between students. The Aboriginal Healing Foundation recently held a small gathering of survivors, Elders, advocates, and researchers to discuss ways to bring this issue into the open. This article comes out of the discussions held at the gathering. Within the article we offer a conceptualization of the dynamics and processes of student to student abuse within the Indian residential schools in Canada with the hope that it will encourage a deeper discussion of this issue.     

The Bologna Process: Impact on Interdisciplinarity and Possibilities for Women's Studies

This article discusses the impact of the so‐called Bologna process on possibilities for interdisciplinary higher education and research, in particular in relation to Women's Studies. Based on findings from two European research projects, it argues that the spaces open to interdisciplinarity and Women's Studies in higher education under the Bologna process are strongly marked by national systems and their interpretations of the Bologna requirements. The opportunities in the educational field (whether at undergraduate or post‐graduate level) to innovate and flexibilize, key requisites for Women's Studies as a discipline, are impaired by institutional structures of administration, research, evaluation, accreditation and career development that rely on disciplinarity as their core categories. The Nordic countries seem to have moved more clearly than others, such as Hungary or Spain, towards an implementation of the Bologna agreement in a manner that facilitates both interdisciplinarity and Women's Studies.     

Methods for the analysis of hard dental tissues exposed to high temperatures

The preservation of teeth that have been exposed to a heat source is a key factor in order to keep their value as evidence. This research paper presents some methods under development for the analysis of dental evidence after exposure to high temperatures; it also establishes age related alterations of young and aged teeth which have been exposed to direct heat. A total of thirty permanent healthy teeth (young=15 and old=15) were submitted to direct heat (n=14) and to a controlled raise of temperature (n=16); they were embedded in polymethylmetacrilate. For the macroscopic study, blocks were cut in half, polished and their surfaces were digitalized. Subsequently, blocks were put in slides, worn away and observed through a photomicroscope. The study of the colorimetric pattern was done by Corel Photo Paint 12.0 and Image J. software. All teeth submitted to the gradual raise of temperature presented a degree of structural damage lower than those exposed to direct heat. The internal surface of young teeth exposed to direct heat showed lines of fracture oblique to the long axis of the tooth; in contrast, a reticular pattern was observed on aged teeth. All teeth exposed to direct heat showed some matte-black coloration areas, while those submitted to a gradual increment of temperature showed a greyish colour in the enamel and a chalky-white in the cementum. By using both thermal treatments in young teeth, the amelodentinal junction was lost, thus preserving the integrity of each tissue. In aged teeth, the separation of this junction was produced because of the breakdown of the dentine. Microscopically, in teeth exposed to direct heat, it was neither possible to differentiate the dentin from the cementum, nor to distinguish the incremental lines of the latter; while in those submitted to a controlled increment of temperature, the corresponding morphology in the tissues was observed. A significant statistical difference was obtained for black colour among young and aged teeth exposed to direct heat, as well as among the means of all colours obtained from the teeth exposed to both treatments. The structural changes observed allow locating a tooth in the studied age groups. Our results show the viability of the applied method for the processing of samples, allowing their preservation as evidence during an indefinite time.